The submission of information to, and use of, the
business listing service ("Service") available
through the Portal2Sell web site (located at
http://www.portal2sell.com and other company related sites)
is subject to the following terms and conditions.
BY SUBMITTING INFORMATION to, or accessing
information from, the Service, YOU, the end user
customer ("Customer") AGREE TO THE FOLLOWING TERMS
AND CONDITIONS. These Terms and Conditions are a
legal agreement between you and PORTAL2SELL.COM.
("Company").
If you do not agree to these Terms and Conditions,
do not submit information to, or access information
from, the Service. All questions concerning this
Agreement should be directed to: AKYWEB SOLUTIONS SDN BHD
AKYWEB APPLICATION DEVELOPER & DESIGNER
No 22, Jalan Kebudayaan 7, Taman Universiti
81300 Skudai Johor Malaysia.
The Company may update
these terms and conditions at any time and without
notice.
MEMBERSHIP PRIVILEGES
Membership privileges are granted by Company to
individuals exclusively and are granted specifically
to the subscribing registered member only.
Membership rights cannot be assigned, sub-licensed,
distributed, shared, viewed, accessed, or otherwise
transferred to anyone other than the registered
member without the express written permission of
Company. Company requires that each registered user
maintain a valid email address and a password, which
shall be utilized for logging on to the Portal2Sell
system. Members are not permitted to share their
individual log-on information with others. Company
has the right to refuse service to any member that
refuses to abide by the terms and conditions herein
or abuses their rights related to the Portal2Sell
service.
Company utilizes email as a vital and primary
communication channel with customers. As a
registered user, Customers hereby acknowledge and
grant Company the permission to communicate with
customers via email (as well as other communication
channels such as phone and fax) for any purposes
Company determines to be relevant including, but not
limited to, system messages, product updates,
service announcements and other marketing messages.
Company will use best efforts to honor Customer’s
request to opt out of marketing messages, but under
no circumstances will Company have any liability for
sending any email to its registered users/customers.
SUBMISSION AND ADMINISTRATION OF LISTINGS
Customer agrees not to submit any business
descriptions, photographs, financial, contact or
other information contained in each business's data
to Portal2Sell unless the Customer has received all
necessary rights and authorizations, including from
the photographer and/or copyright owner of any
photographs, to publish and advertise the business
on the Customer's website or on the Portal2Sell
website. The Company may, in its sole discretion but
without any obligation to search for such, remove a
business listing (“Business” or “Listing”) that is
alleged to have been submitted in violation of this
provision.
In addition, the Company may require
additional evidence of compliance with this
provision from Customers who are alleged to have
submitted businesses or other information in
violation of this Agreement. The Company will, in
its sole discretion, terminate the accounts of, and
refuse service to, any Customer who repeatedly or
knowingly violates this Agreement. Additionally, the
Customer agrees to allow the Listing, or any part of
it, to be searched, displayed, accessed, downloaded,
copied, and otherwise referred to by users of the
Customer's website or the Portal2Sell website. The
Company shall have the sole authority to choose the
manner in which any Business will be searched,
displayed, accessed, downloaded, copied, and
otherwise used on the Portal2Sell website and Company
shall have the right to modify the business listing
in the exercise of its rights under this Agreement.
The Customer
(a)
represents and warrants that all Businesses and associated information provided by the Customer will be accurate;
(b)
agrees that the Customer will not permit the posting of a business on the
Portal2Sell system under a name other than the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed listing agreement with the owner;
(c)
agrees to administer the Businesses provided by the
Customer and maintain their accuracy at all times.
The Company reserves,
in a manner consistent with reasonable commercial
business practices, the right to remove all or any
part of the Businesses posted on the Customer's
website or on the Portal2Sell website. The Company
accepts no responsibility for checking the accuracy
of reports or data files submitted by the Customer.
While the Company shall take all reasonable efforts
for data backup and business resumption, the
Customer will be solely responsible for retaining
back-up copies of all information, photographs and
other materials it provides to Portal2Sell.
USE OF INFORMATION
Customer agrees to treat all information obtained
from the Service, including business listings,
business broker directory, pricing reports, and any
other information otherwise made available to
Customer in the Service (individually and
collectively, the “Content”) as proprietary to
Company. Customer agrees that Content reserved for
members will be maintained as confidential and shall
be protected as a trade secret of Company. Company
does not ensure the accuracy of, endorse or
recommend any Content and Customer uses such Content
at the Customer's own risk. Customer may access the
Content solely to obtain initial information from
which further evaluation and investigation may
commence. Customer shall limit access to and use of
Content to personal and internal use, and shall not
use Content obtained from the Service for further
distribution, publication, public display, or
preparation of derivative works or facilitate any of
these activities in any way. Customer shall not use
or reproduce Content obtained from the Service for
or in connection with any other listing service or
device. Customers violating these specific terms,
specifically those customers searching the Service
in an abusive or excessive manner, by automated or
manual means, shall be subject to immediate
termination of their membership and will be assessed
an excessive use fee of S$500. (Five hundred
Singapore dollars.)
PAYMENT TERMS
Customer agrees to pay for all products ordered
through the PORTAL2SELL.COM web site or via
Portal2Sell
client services personnel (“Client Services”) using
the payment method indicated and provides Company
express authorization to charge said fees to their
payment provider. Fees owed depend on the specific
type and quantity of Portal2Sell products, services,
information, or deliverables (collectively
"Deliverables") ordered. Payment of fees shall not
be contingent on any events other than the delivery
of the ordered Deliverables. Any attorney fees,
court costs, or other costs incurred in collection
of delinquent undisputed amounts shall be the
responsibility of and paid for by Customer. If
payment is not current, Company may immediately
cease to provide any and all Deliverables to the
customer.
The fees paid for monthly subscriptions
are non-refundable, regardless of whether the
subscription is terminated prior to the end of the
month. No partial month refunds will be provided.
Customer may cancel their Portal2Sell product
membership by emailing (sales@portal2sell.com
OR by calling Client Services on +607-5206976
). All cancellation
requests will be processed within five (5) business
days, and a cancellation confirmation will be
emailed to the email address on record for the
account. The membership will be deactivated at the
end of the current billing term. The Company
reserves the right to change its fees or billing
methods at any time. The Company will provide timely
notice to the affected Customers of any such
changes. It is the Customer's responsibility to
promptly provide the Company with any contact or
billing information changes or updates (including
email address, credit card numbers, etc.).
LISTING RESTRICTIONS
Customer acknowledges that business listings will
only be added to the Portal2Sell web site if all
contacts added to that listing are also subscribing
individual members. All listings must be added in
accordance with the Submission and Administration of
Listings terms, as above. Company reserves the right
to remove listings that are deemed excessive in
number or in violation of the Submission and
Administration of Listings terms. Company reserves
the right, in its sole discretion, to remove any
listing from the Service.
UNSOLICATED COMMERCIAL EMAIL (SPAM)
Company prohibits the use of our system or its tools
to generate or send unsolicited commercial email
(spam). Customers may not use the email services
that Company offers to send spam (i.e. unsolicited
commercial email) or otherwise send content that
would violate these Terms and Conditions. Company
has the right to revoke the privileges of any
customer or company that breaches these terms.
OWNERSHIP AND LICENSE GRANT
Company retains all rights (including Intellectual
Property Rights, as defined below), title and
interest in the Portal2Sell Web site and all
underlying technology and data including any
enhancements and improvements thereto as a result of
providing the Deliverables hereunder. Customer will
not and will not allow others to: reverse engineer,
decompile, disassemble, merge, copy, use, disclose,
sell or transfer the underlying source code or
structure or sequence of Company's technology or
delete or alter author attributes or copyright
notices. Customer shall use the Portal2Sell system
solely for their own use and shall not allow others
to use the Portal2Sell system under or through that
Customer's login ID/email and password.
Intellectual Property Rights means all intellectual
property rights (throughout the universe, in all
media, now existing or created in the future, for
all versions and elements, in all languages, and for
the entire duration of such rights) arising under
statutory or common law, contract, or otherwise, and
whether or not perfected, including without
limitation, (a) all rights associated with works of
authorship including without limitation copyrights,
moral rights, copyright applications, copyright
registrations, synchronization rights; (b) rights
associated with trademarks, service marks, trade
names, logos, trade dress, and the applications for
registration and registrations of trademarks and
service marks; (c) rights relating to the protection
of trade secrets and confidential information; (d)
rights analogous to those set forth in this
definition and any and all other proprietary rights
relating to intangible property; and (e) divisions,
continuations, renewals, reissues, and extensions of
the foregoing (as and to the extent applicable) now
existing, later filed, issued, or acquired.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF
USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING
OUT OF THIS AGREEMENT. Customer's exclusive remedy,
and Company's entire liability under this Agreement
shall be a refund to Customer of the fees paid to
Company hereunder, and in no event will Company's
liability for any reason exceed such fee. Company
(and its officers, directors, employees and agents)
shall not be liable for any damages whatsoever
arising from Customer's use of the Deliverables, and
Customer shall indemnify Company (and Company's
officers, directors, employees and agents), and hold
each of them harmless from and against any and all
costs, damages or losses by any of them (including,
without limitation, reasonable attorneys' fees) as a
result of a claim by any person other than Customer
arising from Customer's use or application of the
Services or the Deliverables.
WARRANTY DISCLAIMERS
THE LISTINGS AND SERVICE ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. COMPANY MAKES NO
PROMISES, REPRESENTATION OR WARRANTIES, EITHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH
RESPECT TO THE LISTINGS OR SERVICE, INCLUDING THEIR
ACCURACY, OPERATION, CONFORMITY TO ANY
REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF
ANY LATENT OR PATENT DEFECTS, AND COMPANY
SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE AND, UNDER THE LAW OF THE
REPUBLIC OF SINGAPORE, THE IMPLIED CONDITIONS OF
SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY
LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND
OTHER IMPLIED OR STATUTORY WARRANTIES.
LINKS TO THIRD PARTY SITES
This web site may contain hyper-links to other web
sites operated by parties other than Company, Inc.
and its subsidiaries which are beyond Company's
control. Parties other than Company may provide
services or sell product lines on this site that
take you outside of our service. This includes links
from advertisers, sponsors, and content partners
that may use Portal2Sell logo(s) as part of a
co-branding relationship. For example, if you click
on a banner advertisement the click may take you off
the Portal2Sell website. Company does not control, is
not responsible for examining or evaluating, and
does not warrant the offerings of, any of these
businesses or individuals or the content of their
web sites. Company does not assume any liability for
the actions, product, and content of all of these
and any other third parties. Company makes no
representations and cannot be held responsible for
the accuracy, relevancy, copyright compliance,
legality, or decency of material on such third party
web sites. When you click on a link that leaves the
Portal2Sell website, the site you will land on is not
controlled by Company and different terms of use and
privacy statements may apply. Company also does not
assume, and expressly disclaims, all liability for
any viruses, worms, Trojan horses, defects, or other
malfunctions caused by, resulting from, existing
within, or in connection with such third party sites
and any links thereto.
OTHER RIGHTS OF COMPANY
Customer agrees that Company shall have the right to
use Listings and other information submitted to it
for any purpose, including without limitation for
publication of all or part of such Listing on the
Internet for unrestricted use by Portal2Sell customers
and partners. Company shall have sole authority to
choose the manner in which any Listing will be
received, displayed and used by the Service, and
reserves the right to remove all or any part of a
Listing or refuse Services to anyone at any time in
its sole discretion. Company shall have no
obligation to (i) resolve disputes among users of
the Service; or (ii) monitor or verify the accuracy
or proper use of the Listings. Company reserves the
right to modify or change any and all terms and
conditions at any time. The most current copy of
these terms and conditions will be posted and
available for review on Company's corporate web
site.
MISCELLANEOUS
This Agreement, andthe Deliverables provided by Company
shall be governed by the laws of the Republic of
Singapore, without reference to conflict of laws
principles. The parties hereby consent to the
exclusive jurisdiction and venue of the courts
within the Republic of Singapore. If any provision
of this Agreement is found to be invalid or
unenforceable by a court of competent jurisdiction,
such provision shall be severed from the remainder
of this Agreement, which shall remain in full force
and effect. This Agreement shall be binding upon and
shall inure to the benefit of the parties and their
respective successors and permitted assigns. The
rights under this Agreement or any license granted
hereunder may not be assigned, sub-licensed or
otherwise transferred by Customer without the prior
written consent of Company, which retains the right
to withhold consent in its sole discretion. The
terms and conditions of this Agreement constitute
the entire agreement between the parties and
supersede all previous agreements and understanding,
whether oral or written, between the parties hereto
with respect to the subject matter of this
Agreement. All notices to Company must be in writing
and must be sent registered mail, certified mail, or
overnight mail with a return receipt requested to
General Manager at the Company.
